rights of step son on step father's property and bussiness

760 votes

Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner. On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed. Can you sell your ancestral property? The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property. But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.

Advocate Siddhant Sharma LawRato

997 votes

Property will be transfered as per Hindu law of succession ,there are schools Mithashara and Dayabhaga after 2005 lot of amendment has been carried out in law of succession as per which now daughters have been provided equal rights ,with that it has to be seen whether the said property is self earned by your father or acquired as ancestral property .Taking all these issues further decision of partition could be taken.Feel free to contact for further personalised advice .

Advocate Rishi Kumar LawRato